South Carolina General Assembly
121st Session, 2015-2016
Legislation Introduced into the Senate

INTRODUCTION OF BILLS AND RESOLUTIONS

FOR APRIL 21, 2015

S. 682 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 6-25-113, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF BONDS BY A JOINT AUTHORITY WATER AND SEWER SYSTEM, SO AS TO ALLOW A LIEN TO BE PLACED ON THE AUTHORITY'S PROPERTY IN ACCORDANCE WITH THE REVENUE BOND ACT FOR UTILITIES.
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Read the first time and referred to the Committee on Finance.

S. 683 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 4-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS LOCAL SALES AND USE TAXES, SO AS TO DEFINE 'GENERAL ELECTION'; TO AMEND SECTIONS 4-10-330 AND 4-10-340, BOTH AS AMENDED, RELATING TO THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO PROVIDE THAT THE TAX MUST TERMINATE ON APRIL THIRTIETH OF AN ODD- OR EVEN-NUMBERED YEAR.
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Read the first time and referred to the Committee on Finance.

S. 684 (Word version) -- Senator Massey: A BILL TO AMEND TITLE 48, CHAPTER 20 OF THE 1976 CODE BY ADDING A NEW SECTION TO SET MINIMUM DISTANCES A MINE OPERATOR MUST MAINTAIN WHEN CONDUCTING BLASTING.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 685 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 40-22-2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF CHAPTER 22, TITLE 40 CONCERNING THE REGULATION OF ENGINEERS AND SURVEYORS, SO AS TO PROVIDE THAT THE PRACTICE OF THE PROFESSION OF ENGINEERING AND SURVEYING IS SUBJECT TO REGULATION BY THIS STATE; TO AMEND SECTION 40-22-10, RELATING TO THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE ADDITIONAL QUALIFICATIONS; TO AMEND SECTION 40-22-20, RELATING TO DEFINITIONS, SO AS TO ADD, REDEFINE, AND DELETE DEFINITIONS; TO AMEND SECTION 40-22-30, RELATING TO ACTIVITIES PROHIBITED WITHOUT A LICENSE, SO AS TO PROHIBIT BROKERING OR COORDINATING ENGINEERING OR SURVEYING SERVICES FOR A FEE; BY ADDING SECTION 40-22-35 SO AS TO SPECIFY THE MANNER IN WHICH A REGISTERED ENGINEER OR SURVEYOR MAY NEGOTIATE A CONTRACT FOR HIS PROFESSIONAL SERVICES; TO AMEND SECTION 40-22-50, RELATING TO DUTIES OF THE BOARD, SO AS TO PROVIDE THE BOARD SHALL MAINTAIN AND UPDATE, RATHER THAN ANNUALLY PREPARE, A ROSTER OF INFORMATION CONCERNING PROFESSIONAL ENGINEERS AND SURVEYORS; TO AMEND SECTION 40-22-60, RELATING TO THE DUTY OF THE BOARD TO PROMULGATE CERTAIN REGULATIONS, SO AS TO UPDATE A CROSS REFERENCE AND TO PROVIDE ADDITIONAL DUTIES WITH RESPECT TO PROVIDING ADVICE AND RECOMMENDATIONS CONCERNING STATUTORY REVISIONS TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND SECTION 40-22-75, RELATING TO EMERGENCY WAIVER OF LICENSE REQUIREMENTS, SO AS TO LIMIT APPLICATION OF THIS WAIVER TO DECLARED NATIONAL OR STATE EMERGENCIES, AND TO PROVIDE A WAIVER MAY NOT EXCEED NINETY DAYS; TO AMEND SECTION 40-22-110, RELATING TO THE AUTOMATIC SUSPENSION OF THE LICENSE OF MENTALLY INCOMPETENT PERSONS, SO AS TO DELETE A REDUNDANCY; TO AMEND SECTION 40-22-220, RELATING TO ELIGIBILITY REQUIREMENTS FOR LICENSURE AS AN ENGINEER, SO AS TO REVISE EDUCATION REQUIREMENTS; TO AMEND SECTION 40-22-222, RELATING TO LICENSING OF EXISTING ENGINEERS, SO AS TO ADD AN OPTIONAL ACCREDITATION SOURCE FOR AN EDUCATION REQUIREMENT; TO AMEND SECTION 40-22-225, RELATING TO ELIGIBILITY REQUIREMENTS FOR LICENSURE AS A SURVEYOR, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-22-230, RELATING TO APPLICATION REQUIREMENTS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-22-250, RELATING TO A CERTIFICATE OF AUTHORIZATION TO PRACTICE AS A FIRM, SO AS TO REVISE REQUIREMENTS FOR THE CERTIFICATE AND TO PROVIDE REQUIREMENTS THROUGH WHICH A LICENSEE MAY MAINTAIN A BRANCH OFFICE; TO AMEND SECTION 40-22-260, RELATING TO TEMPORARY LICENSES, SO AS TO REVISE CIRCUMSTANCES IN WHICH THE DEPARTMENT MAY GRANT A TEMPORARY LICENSE TO AN OUT-OF-STATE FIRM, AND TO PROVIDE REQUIREMENTS FOR SUBMISSION OF PLANS PRODUCED AND SUBMITTED FOR PERMITTING BY A PERSON HOLDING A TEMPORARY CERTIFICATE OF AUTHORIZATION; TO AMEND SECTION 40-22-270, RELATING TO SEALS OF LICENSEES, SO AS TO PROVIDE THE SEAL AND SIGNATURE OF A LICENSEE ON A DOCUMENT CONSTITUTES A CERTIFICATION THAT THE DOCUMENT WAS PREPARED BY THE LICENSEE OR UNDER HIS DIRECT SUPERVISION, AMONG OTHER THINGS; TO AMEND SECTION 40-22-280, AS AMENDED, RELATING TO EXCEPTIONS FROM THE APPLICABILITY OF THE CHAPTER, SO AS TO MODIFY THE EXEMPTIONS; AND TO AMEND SECTION 40-22-290, RELATING TO "TIER A" SURVEYING, SO AS TO EXEMPT THE CREATION OF NONTECHNICAL MAPS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 686 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 13, TITLE 31 OF THE 1976 CODE, RELATING TO HOUSING AND REDEVELOPMENT, TO CHANGE THE NAME OF THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY TO THE SOUTH CAROLINA HOUSING FINANCE AGENCY, TO AMEND ARTICLE 4, CHAPTER 13, TITLE 31, RELATING TO THE HOUSING TRUST FUND, BY AMENDING SECTION 31-13-410 TO DEFINE "PROJECT" FOR THE PURPOSES OF THE ARTICLE; BY AMENDING SECTION 31-13-420 TO ALLOW THE BOARD TO SET POLICIES FOR PAYMENT OF REASONABLE FEES AND EXPENSES FOR SPONSORS; BY AMENDING SECTION 41-13-430, TO REMOVE THE SOUTH CAROLINA HOUSING PARTNERSHIP FROM THE ADVISORY COMMITTEE; BY AMENDING SECTION 31-13-450, TO PROVIDE THAT GRANTS MAY BE MADE TO CERTAIN HOUSING TRUST FUNDS; BY AMENDING SECTION 31-13-460 TO CAP AT FIFTEEN PERCENT THE AMOUNT OF ANNUAL TRUST FUND DEPOSITS WARDED TO UNITS OF STATE, REGIONAL AND LOCAL GOVERNMENTS; AND TO MAKE TECHNICAL AND CONFORMING AMENDMENTS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 687 (Word version) -- Senators McElveen, Johnson, Hembree, Campsen, Verdin, Shealy and Williams: A BILL TO AMEND SECTION 40-69-295 OF THE 1976 CODE, RELATING TO MOBILE VETERINARY FACILITIES, TO PROVIDE THAT A MOBILE VETERINARY PRACTICE OR FACILITY MUST IDENTIFY THE CLOSEST LOCAL EMERGENCY SERVICES FACILITY AND POST THE CONTACT INFORMATION OF THAT FACILITY, AND TO DEFINE "MOBILE VETERINARY PRACTICE" AND "PET" FOR PURPOSES OF THAT SECTION; TO AMEND CHAPTER 69, TITLE 40 OF THE 1976 CODE, RELATING TO VETERINARIANS, TO PROVIDE FOR THE DEFINITION OF "ANIMAL SHELTER" AND "VETERINARY SERVICES", TO PROVIDE THAT ANIMAL SHELTERS SHALL BE SUBJECT TO THE SUPERVISION AND REGULATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE THAT VETERINARIANS AND ANIMAL SHELTERS SHALL PREPARE MEDICAL RECORDS FOR ANIMALS IN THEIR CARE AND MAINTAIN THOSE RECORDS FOR A MINIMUM OF THREE YEARS, TO PROVIDE THAT ANIMAL SHELTERS SHALL MAINTAIN RECORDS THAT DOCUMENT THE NUMBER OF ANIMALS ADMITTED AND THE METHOD BY WHICH THEY EXIT THE FACILITY, AND TO PROVIDE FOR THE SCOPE OF PRACTICE FOR ANIMAL SHELTERS; TO AMEND CHAPTER 69, TITLE 40 OF THE 1976 CODE, RELATING TO VETERINARIANS, TO PROVIDE THAT THE DISPENSING OF A PRESCRIPTION DRUG TO THE OWNER OF AN END USER FOR THE TREATMENT OF A BODILY INJURY OR DISEASE OF AN ANIMAL SHALL BE UNLAWFUL, UNLESS PROPERLY LABELED AND PRESCRIBED BY A LICENSED VETERINARIAN, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS THEREOF.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 688 (Word version) -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "HEALTHY RENTAL HOUSING ACT OF 2015" BY ADDING SECTION 27-40-635 SO AS TO PROVIDE REMEDIES FOR TENANTS OF RESIDENTIAL RENTAL PROPERTIES WITH MOLD THAT MATERIALLY AFFECTS THE HEALTH OR SAFETY OF THE TENANT OR AUTHORIZED OCCUPANT OF THE RENTAL PROPERTY; TO AMEND SECTION 27-40-210, RELATING TO DEFINITIONS IN THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO DEFINE ADDITIONAL NECESSARY TERMINOLOGY; TO AMEND SECTION 27-40-420, RELATING TO CERTAIN WRITTEN DISCLOSURES THAT LANDLORDS MUST MAKE TO RESIDENTIAL TENANTS, SO AS TO REQUIRE WRITTEN DISCLOSURE OF VISIBLE EVIDENCE OF MOLD IN AREAS READILY ACCESSIBLE WITHIN THE INTERIOR OF THE DWELLING UNIT, AND TO PROVIDE OPTIONS FOR A TENANT TO WHOM THE LANDLORD DISCLOSES THE PRESENCE OF SUCH MOLD; TO AMEND SECTION 27-40-440, RELATING TO LANDLORD OBLIGATIONS TO MAINTAIN RENTAL UNITS AND PREMISES, SO AS TO PROVIDE LANDLORDS SHALL MAINTAIN THE RENTAL UNITS AND PREMISES IN A CONDITION APPROPRIATE TO PREVENT THE ACCUMULATION OF MOISTURE AND THE GROWTH OF MOLD, AND TO PROVIDE CERTAIN NOTICE REQUIREMENTS WHEN SUCH MOISTURE OR MOLD IS FOUND; AND TO AMEND SECTION 27-40-510, RELATING TO THE OBLIGATIONS OF TENANTS WITH RESPECT TO RENTAL UNITS AND PREMISES, SO AS TO PROVIDE TENANTS SHALL USE REASONABLE EFFORTS TO MAINTAIN THE PREMISES IN A CONDITION APPROPRIATE TO PREVENT THE ACCUMULATION OF MOISTURE AND THE GROWTH OF MOLD, AND TO PROVIDE CERTAIN NOTICE REQUIREMENTS WHEN SUCH MOISTURE OR MOLD IS FOUND.
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Read the first time and referred to the Committee on Judiciary.

S. 689 (Word version) -- Senators Hembree and McElveen: A BILL TO AMEND SECTION 56-1-50(B)(2) AND (C) OF THE 1976 CODE, RELATING TO MOTOR VEHICLE BEGINNER'S PERMIT AND VEHICLE OPERATION, TO PROVIDE THAT A PERMITTEE MAY NOT OPERATE A MOTORCYCLE, MOTOR SCOOTER, OR LIGHT MOTOR-DRIVEN CYCLE AT ANY UNPERMITTED TIME UNLESS SUPERVISED BY A LICENSED MOTORCYCLE, MOTOR SCOOTER, OR LIGHT MOTOR-DRIVEN CYCLE OPERATOR AND TO PROVIDE THAT THE ACCOMPANYING DRIVER MUST BE WITHIN A SAFE VIEWING DISTANCE OF THE PERMITTEE WHEN THE PERMITTEE IS OPERATING A MOTORCYCLE OR A THREE-WHEEL VEHICLE.
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Read the first time and referred to the Committee on Transportation.

S. 690 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2015 AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
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The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

S. 691 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO HONOR THE UNIVERSITY OF SOUTH CAROLINA SALKEHATCHIE FOR ITS MANY YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA, TO CONGRATULATE THE UNIVERSITY ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY, AND TO DECLARE MAY 1, 2015, "UNIVERSITY OF SOUTH CAROLINA SALKEHATCHIE DAY" IN THE PALMETTO STATE.
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The Senate Resolution was adopted.

S. 692 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND HONOR PALMETTO AUTOMATIC SPRINKLER COMPANY, INC., FOR OUTSTANDING SERVICE IN OUR STATE AND TO CONGRATULATE THE MILL FAMILY AND THE PASCO TEAM FOR FORTY YEARS OF PROTECTING THE LIVES AND THE RESOURCES OF OUR CITIZENS.
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The Senate Resolution was adopted.

S. 693 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-27-475 SO AS TO REVISE THE INSURERS' REHABILITATION AND LIQUIDATION ACT BY ADDING PROVISIONS SPECIFIC TO FEDERAL HOME LOAN BANKS AND INSURER-MEMBERS OF THOSE BANKS IN DELINQUENCY PROCEEDINGS BROUGHT PURSUANT TO THE ACT; TO AMEND SECTION 38-27-50, RELATING TO DEFINITIONS CONCERNING THE ACT SO AS TO DEFINE ADDITIONAL TERMS; AND TO AMEND SECTION 38-27-70, RELATING TO INJUNCTIONS AND OTHER EQUITABLE REMEDIES AVAILABLE TO RECEIVERS APPOINTED IN DELINQUENCY PROCEEDINGS UNDER THE ACT, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH FEDERAL HOME LOAN BANKS MAY EXERCISE THEIR RIGHTS REGARDING COLLATERAL PLEDGED BY ITS INSURER-MEMBERS INVOLVED IN DELINQUENCY PROCEEDINGS BROUGHT PURSUANT TO THE ACT.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 694 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 7-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THAT ALL STATE ELECTION COMMISSION DIRECTIVES TO THE COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS MUST BE IN WRITING AND SENT TO BOTH THE DIRECTORS AND CHAIRMEN OF THE COUNTY BOARDS; AND TO AMEND SECTION 7-3-25, RELATING TO NONCOMPLIANT COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS MAY APPEAL TO THE FULL STATE ELECTION COMMISSION A DIRECTIVE FROM THE STAFF OF THE STATE ELECTION COMMISSION MADE TO THE COUNTY BOARD.
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Read the first time and referred to the Committee on Judiciary.

S. 695 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-112-125 SO AS TO GRANT A STATE INSTITUTION OF HIGHER EDUCATION WITH AN UNDERGRADUATE ENROLLMENT OF LESS THAN TEN THOUSAND STUDENTS THE AUTHORITY TO OFFER IN-STATE TUITION RATES TO BORDERING STATE RESIDENTS IN CERTAIN CIRCUMSTANCES.
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Senator SCOTT spoke on the Bill.

Read the first time and referred to the Committee on Education.

S. 696 (Word version) -- Senators L. Martin and Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE THE BLUE RIDGE ELECTRIC COOPERATIVE UPON THE ACHIEVEMENT OF SEVENTY-FIVE YEARS OF SERVICE TO THE UPSTATE OF SOUTH CAROLINA AND OFFER BEST WISHES FOR MANY MORE YEARS OF EFFECTIVE AND SUCCESSFUL SERVICE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 697 (Word version) -- Senators Nicholson and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT A SIGN ALONG WILLARD ROAD AT ITS INTERSECTION WITH UNITED STATES HIGHWAYS 72-221 IN GREENWOOD COUNTY THAT CONTAINS THE WORDS "JAMES W. BRITT MEMORIAL ROADWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 698 (Word version) -- Senators Fair, Hutto and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE THAT ABUSE AND NEGLECT OF CHILDREN ARE SIGNIFICANT PROBLEMS AND TO DECLARE TUESDAY, APRIL 28, 2015, AS "CHILDREN'S ADVOCACY DAY" IN SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the General Committee.

S. 699 (Word version) -- Senators Setzler, Matthews, Kimpson, Pinckney, Allen, Coleman, Hutto, Jackson, Johnson, Lourie, Malloy, McElveen, Nicholson, Reese, Sabb, Scott, Sheheen and Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR JOSEPH P. RILEY, JR., MAYOR OF CHARLESTON, FOR HIS SIGNIFICANT CONTRIBUTIONS TO THE CITY AND TO CONGRATULATE HIM FOR FORTY YEARS OF OUTSTANDING AND DEDICATED SERVICE.
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The Senate Resolution was adopted.

S. 700 (Word version) -- Senator Allen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR W. LAVELLE MCCRAY, PASTOR OF ROCKY MOUNT MISSIONARY BAPTIST CHURCH, AND TO CONGRATULATE HIM FOR EIGHT YEARS OF OUTSTANDING AND FAITHFUL SERVICE TO HIS CONGREGATION AND HIS GOD.
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The Senate Resolution was adopted.

H. 3433 (Word version) -- Reps. Erickson, Weeks, Cobb-Hunter, McCoy, Douglas, Kennedy, Long, Lucas, M. S. McLeod, Ridgeway, Tallon, Thayer, Felder, Pope, J. E. Smith, King, Howard, Parks, Ott, Jefferson, Bernstein, Rivers, Southard, Tinkler, Henegan, Kirby, Bales, Neal, Henderson, Herbkersman, Merrill, G. R. Smith, Bradley, Bannister, H. A. Crawford, Newton, Clemmons, Nanney, Wells, Quinn, Whitmire, Bingham, Stringer, Atwater, Hicks, Mitchell, Funderburk, Norrell, Knight, Sandifer, Gilliard, R. L. Brown, Whipper and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "DOMESTIC VIOLENCE REFORM ACT"; TO AMEND SECTION 16-25-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF DOMESTIC VIOLENCE OFFENSES, SO AS TO DEFINE OTHER NECESSARY TERMS; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO DOMESTIC VIOLENCE OFFENSES, SO AS TO RESTRUCTURE THE OFFENSES BY GRADUATING THE PENALTIES INTO DEGREES, DEFINE THE ELEMENTS OF EACH DEGREE, AND PROVIDE A NEW PENALTY STRUCTURE; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO RESTRUCTURE THE OFFENSE, REDEFINE THE ELEMENTS OF THE OFFENSE, TO RESTRUCTURE THE PENALTY, AND TO PROVIDE THAT AS A CONDITION OF BOND FOR THIS OFFENSE, THE JUDGE MAY PROVIDE THAT THE OFFENDER MAY NOT SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION WHILE THE OFFENDER IS UNDER BOND; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO CRIMES DEFINED AS VIOLENT, SO AS TO INCLUDE DOMESTIC VIOLENCE IN THE FIRST DEGREE AS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO OFFENSES DEFINED AS "MOST SERIOUS" AND "SERIOUS", SO AS TO ADD THE OFFENSES OF DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND DOMESTIC VIOLENCE IN THE FIRST DEGREE TO THE LIST OF "SERIOUS" OFFENSES; TO AMEND SECTION 16-3-600, AS AMENDED, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO REVISE THE DEFINITION OF "MODERATE BODILY INJURY"; TO AMEND SECTION 22-3-546, RELATING TO THE AUTHORIZATION OF CIRCUIT SOLICITORS, IN THEIR DISCRETION, TO ESTABLISH A PROGRAM FOR PROSECUTION OF FIRST OFFENSE DOMESTIC VIOLENCE OFFENSES, SO AS TO EXPAND THE PROGRAMS TO INCLUDE ALL MISDEMEANOR DOMESTIC VIOLENCE OFFENSES; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE AND PAYMENT TO A JAIL OR CORRECTIONAL FACILITY TO SECURE IMMEDIATE RELEASE, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO A PERSON CHARGED WITH A DOMESTIC VIOLENCE OFFENSE AND SUCH A PERSON IS EXPRESSLY PROHIBITED FROM MAKING A DEPOSIT IN LIEU OF RECOGNIZANCE TO SECURE IMMEDIATE RELEASE; TO AMEND SECTION 17-15-30 AND SECTION 22-5-510, BOTH AS AMENDED, RELATING TO MATTERS TO BE CONSIDERED WHEN DETERMINING CONDITIONS OF RELEASE ON BOND AND BOND HEARINGS AND INFORMATION TO BE PROVIDED TO THE COURT, RESPECTIVELY, BOTH SO AS TO REQUIRE THE COURT TO CONSIDER IF RELEASE ON BOND WOULD CONSTITUTE AN UNREASONABLE DANGER TO THE COMMUNITY OR AN INDIVIDUAL, TO PROVIDE THAT WHEN A PERSON IS CHARGED WITH A VIOLATION OF CERTAIN DOMESTIC VIOLENCE OFFENSES THAT A BOND HEARING MAY NOT PROCEED WITHOUT THE PERSON'S CRIMINAL RECORD AND INCIDENT REPORT, OR THE PRESENCE OF THE ARRESTING OFFICER, TO REQUIRE BOND HEARINGS FOR THESE VIOLATIONS TO BE HELD WITHIN TWENTY-FOUR HOURS AFTER ARREST, AND TO PROVIDE THAT FAILURE OF A PARTY TO ADHERE TO A CONDITION OF BOND MAY RESULT IN THE ISSUANCE OF A BENCH WARRANT FOR CONTEMPT; TO AMEND SECTION 17-15-10, RELATING TO PERSONS WHO MAY BE RELEASED PENDING TRIAL, SO AS TO REQUIRE THE COURT TO CONSIDER IF RELEASE ON BOND WOULD CONSTITUTE AN UNREASONABLE DANGER TO THE COMMUNITY OR AN INDIVIDUAL; TO AMEND SECTION 16-25-120, AS AMENDED, RELATING TO THE RELEASE OF A PERSON ON BOND WHO IS CHARGED WITH A VIOLENT OFFENSE OR WHEN THE VICTIM IS A HOUSEHOLD MEMBER, SO AS TO PROVIDE THAT THE COURT MUST CONSIDER CERTAIN FACTORS BEFORE RELEASING A PERSON ON BOND; TO AMEND SECTION 17-15-50, RELATING TO AMENDMENT OF AN ORDER RELATING TO BOND, SO AS TO CLARIFY THAT THE COURT WITH JURISDICTION OF THE OFFENSE MAY AMEND THE ORDER AT ANY TIME; TO AMEND SECTION 17-15-55, AS AMENDED, RELATING TO BOND AND THE AUTHORITY OF THE CIRCUIT COURT TO REVOKE BOND UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE FOR THE PURPOSE OF BOND REVOCATION ONLY THAT A SUMMARY COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT FOR TEN DAYS FROM THE DATE BOND IS FIRST SET ON A CHARGE BY THE SUMMARY COURT TO DETERMINE IF BOND SHOULD BE REVOKED; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO DOMESTIC VIOLENCE OFFENSES, SO AS TO AUTHORIZE A JUDGE TO PROCEED WITH THE PROSECUTION OF A DOMESTIC VIOLENCE OFFENSE WITHOUT THE VICTIM PRESENT AND TO REQUIRE A JUDGE TO MAKE CERTAIN INQUIRIES AND WRITTEN FINDINGS REGARDING WHETHER THE PROSECUTION IS READY TO PROCEED AND THE TYPE OF EVIDENCE THE PROSECUTION IS PREPARED TO PRESENT; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO WARRANTLESS ARREST OR SEARCH FOR A DOMESTIC VIOLENCE OFFENSE, SO AS TO REQUIRE THAT THE MANDATED LAW ENFORCEMENT INVESTIGATION OF A DOMESTIC VIOLENCE OFFENSE MUST BE DOCUMENTED ON AN INCIDENT REPORT FORM WHICH MUST BE MAINTAINED BY THE INVESTIGATING AGENCY; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES IN CONSULTATION WITH THE SOUTH CAROLINA VOUCHER PROGRAM TO PROVIDE CERTAIN CHILDCARE SERVICES TO VICTIMS OF DOMESTIC VIOLENCE TO ENCOURAGE PARTICIPATION IN COURT HEARINGS RELATING TO DOMESTIC VIOLENCE; TO AMEND SECTION 17-22-90, RELATING TO PRETRIAL INTERVENTION PROGRAMS, SO AS TO REQUIRE THE DOMESTIC VIOLENCE FATALITY ADVISORY COMMITTEE TO DEVELOP AND THE ATTORNEY GENERAL TO APPROVE A BATTERER'S TREATMENT PROGRAM FOR USE AS PART OF PRETRIAL INTERVENTION FOR CERTAIN DOMESTIC VIOLENCE OFFENSES AND TO ALLOW THE COURT TO DESIGNATE A SPECIFIC BATTERER'S TREATMENT PROGRAM; BY ADDING ARTICLE 3 TO CHAPTER 25, TITLE 16 SO AS TO CREATE THE DEPARTMENT OF DOMESTIC VIOLENCE FATALITIES OF THE OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA WHOSE PURPOSE IS TO INVESTIGATE FATALITIES RESULTING FROM DOMESTIC VIOLENCE, TO REQUIRE THE ATTORNEY GENERAL TO OVERSEE THESE INVESTIGATIONS AND THE OVERALL OPERATION OF THE DEPARTMENT, AND TO PROVIDE FOR THE DEPARTMENT'S DUTIES AND POWERS; TO CREATE THE DOMESTIC VIOLENCE FATALITY ADVISORY COMMITTEE WHOSE PURPOSE IS TO DECREASE FATALITIES RESULTING FROM DOMESTIC VIOLENCE AND TO PROVIDE FOR THE COMMITTEE'S MEMBERSHIP, DUTIES, AND POWERS; AND TO EXEMPT CERTAIN MEETINGS AND INFORMATION FROM THE APPLICABILITY OF THE FREEDOM OF INFORMATION ACT AND PROVIDE FOR CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO THE INVESTIGATION AND REVIEW OF INCIDENCES OF DOMESTIC VIOLENCE BY THE DEPARTMENT AND COMMITTEE; BY ADDING ARTICLE 5 TO CHAPTER 25, TITLE 16 SO AS TO RECODIFY THE PROVISIONS OF SECTION 43-1-260, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS, WITHIN ARTICLE 5; TO REPEAL SECTION 43-1-260 RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS; TO AMEND SECTION 59-32-30, AS AMENDED, RELATING TO SUBJECTS TAUGHT IN THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO ADD THE SUBJECT OF DOMESTIC VIOLENCE BEGINNING WITH THE 2016-2017 SCHOOL YEAR; AND TO STRIKE THE WORD "CRIMINAL" FROM REFERENCES TO CRIMINAL DOMESTIC VIOLENCE OFFENSES THROUGHOUT AS APPROPRIATE.
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Senator L.MARTIN spoke on the Bill.

Read the first time and referred to the Committee on Judiciary.

Last Updated: April 21, 2015 at 1:43 PM